Advice to Members: Workplace Formal Processes (When a GMB Rep Is Temporarily Unavailable)

Being involved in a formal workplace process can be stressful (for example: disciplinary, conduct, capability, sickness absence review, grievance, or investigation).

If you require GMB trade union representation but your usual representative is on leave and/or other workplace reps are temporarily unable to support due to substantive duties, annual leave, sickness, or other unavoidable absence, please follow the guidance below.

1. Notify Your Employer Immediately

As soon as you are informed of any formal meeting or process, notify your employer in writing that:

• You are a GMB member

• You wish to be accompanied by a GMB trade union representative

• Your usual rep is currently unavailable, and alternative workplace reps are not immediately available

• You are requesting a reasonable postponement until representation can be arranged

Ask your employer to confirm in writing that no formal meeting will take place until you have had the opportunity to be accompanied.

2. Request a Reasonable Postponement

You should ask your employer to:

• Pause or postpone any formal meeting/hearing

• Allow sufficient time for a GMB representative to be identified and available

• Avoid proceeding without representation where the right to be accompanied applies

A reasonable employer should accommodate this, particularly where meeting dates have been set with little notice or where representation availability is limited.

3. Do Not Attend Formal Meetings Alone (Unless You Choose To)

You are not obliged to attend a formal meeting without representation.

If you feel pressured to proceed:

• Reiterate your request for representation

• State clearly that you do not waive your right to be accompanied

• Ask for confirmation in writing if the employer intends to proceed regardless

If you decide to attend alone, consider requesting to be accompanied by a workplace colleague (where applicable), and make clear you still wish to have union representation for any further stages.

4. Ask for Everything in Writing

Request that your employer provides:

• All allegations/concerns and any supporting evidence/documents

• The terms of reference (for investigations) and the process being followed

• Dates, deadlines, expectations, and any potential outcomes in writing

• Any decision to proceed despite limited representation availability documented in writing

This protects you and ensures the union can support you properly once a representative is available.

5. Use Written Submissions Where Necessary

If your employer insists on progressing aspects of a process:

• Submit a brief written response stating that your full response will follow once representation is available

• Make clear your submission is without prejudice and not a waiver of your rights

• Request that any deadlines be extended to reflect the absence of representation

6. Welfare and Wellbeing Still Apply

Even if a process is paused or delayed:

• Employers remain responsible for your welfare and duty of care

• • Occupational Health referral

  • wellbeing/EAP support

  • reasonable adjustments (including communication methods, timescales, meeting format, or breaks)

    You can request support such as:

This is particularly important if the situation is causing distress.

7. Escalate to GMB as Soon as Possible (by email and phone if possible).

As soon as practicable:

• Contact your local GMB branch or regional office

• Provide copies of all correspondence and meeting invites

• Keep a written record/timeline of events and any pressure to proceed

Do not delay seeking advice, even if a meeting is postponed.

Important Reminder

No formal process should be rushed or made unfair because of staffing pressures or limited representation availability.

A refusal to allow reasonable time for trade union representation may undermine the fairness of the process and any outcomes.

If You Are Unsure — Pause and Ask

If you are uncertain at any stage:

• Do not attend alone (unless you genuinely choose to)

• Do not agree to deadlines you cannot meet

• Ask for time and union support in writing

The GMB is here to support you.